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Electronic Services Agreement – Consumer and BusinessTongass Federal Credit Union 2000 Tongass Ave., Ketchikan, AK 99901 907.225.9063 800.960.8328 www.tongassfcu.comThis Agreement is the contract which covers your and our rights and responsibilities concerning the electronicservices offered to you by Tongass Federal Credit Union (“Credit Union”). In this Agreement, the words “you” and“yours” mean those who sign the application as applicants or joint owners or authorized signers, or sign a card or usean electronic service, or any authorized users. The words “we,” “us,” and “our” mean Tongass Federal Credit Union.The word “account” means any one or more deposit accounts you have with the Credit Union. For business accountholders, the words “Membership and Account Agreement” mean the Business Membership and Account Agreement.By signing the Account Card, completing and transmitting an online Account Card, signing an online service request,or signing or using an electronic service or access device, each of you, jointly and severally, agree to the terms andconditions in this Agreement, and any amendments. Electronic funds transfers ("EFTs") are electronically-initiatedtransfers of money through direct deposits, automated teller machines ("ATMs"), point-of-sale ("POS") terminals,VISA debit cards, Audio Teller, Online Banking, Mobile Web Banking, and Billpay transactions involving your depositaccounts at the Credit Union.Owners and authorized signers of business accounts certify that the services they engage through this Agreementare for business purposes only.1.Automated Teller Machine Services (ATMs)a.b.2.ATM Transactions. Upon approval, you may use your VISA Debit Card and your Personal IdentificationNumber ("PIN") in automated teller machines of the Credit Union and the VISA ATM network, CO-OP, PLUSand such other machines or facilities we may designate. At the present time, you may use your Card tomake the following transactions on your accounts: Withdraw cash from your savings and checking accounts. Obtain balance information on your accounts. Other transactions as offered and permitted in the future.ATM Service Limitations. There is no limit on the number of cash withdrawals you may make at CreditUnion ATMs and nonproprietary ATMs. However, you may be charged a fee for withdrawing atnonproprietary ATMs after the 6th withdrawal per month as set forth on the Rate and Fee Schedule. Themaximum amount you may withdraw (if there are sufficient funds in your account) per calendar day at anyauthorized ATM is subject to your account relationship and our security limits and any limits on each ATM.For purposes of the daily limit, a day is from midnight to midnight. Your limit isVISA Debit Card PurchasesYou may use your VISA Debit Card and PIN to purchase goods and services any place your Card is honored byparticipating merchants, including point-of-sale (POS) terminals within the networks or such other POS terminalsas the Credit Union may designate. Funds to cover your Card purchases will be deducted from your checkingaccount. If the balance in your account is not sufficient to pay the transaction amount, the Credit Union may treatthe transaction as an overdraft request pursuant to any applicable overdraft protection plan or may terminate allservices under the Agreement.There is no limit on the number of POS purchase transactions you may make by Card during a statement period.No purchase may exceed the available funds in your account. You may make POS purchases up to a maximumamount of 3,500.00 per calendar day for regular checking accounts; and a maximum amount of 100.00 percalendar day for checkless checking (youth) accounts. The Credit Union reserves the right to refuse anytransaction which would draw upon insufficient funds, lower an account below a required balance, or otherwiserequire us to increase our required reserve on the account. The Credit Union may set other limits on the amountof any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transactionfor which you do not have sufficient available verified funds. Merchants participating in Verified by VISA willrequire a password to authorize your identity before completing the transaction.3.Conditions of Card UseThe use of your Debit Card and Account are subject to the following conditions:a.Ownership of Cards. Any Card or other device which we supply to you is our property and must be returnedto us (or to any person whom we authorize to act as our agent, or to any person who is authorized to honorthe Card), immediately according to instructions. The Card may be repossessed at any time in our solediscretion without demand or notice. You cannot transfer your Card or Account to another person. You may 2014 Farleigh Wada Witt
not use the Card for any illegal or unlawful transaction, and we may decline to authorize any transaction thatwe believe poses an undue risk of illegality or unlawfulness.b.Honoring the Card. Neither we nor merchants authorized to honor the Card will be responsible for the failureor refusal to honor the Card or any other device we supply to you. If a merchant agrees to give you a refundor adjustment, you agree to accept a credit to your Account in lieu of a cash refund.c.Security Access Code. The personal identification number or access code that you select is for your securitypurposes. The access code is confidential and should not be disclosed to third parties or recorded on or withthe Card. You are responsible for safekeeping your access code. You agree not to disclose or otherwisemake your access code available to anyone not authorized to sign on your accounts. If you authorizeanyone to have or use your access code, you understand that person may use the Online Banking Serviceto review all of your account information and make account transactions. Therefore, we are entitled to act ontransaction instructions received using your access code and you agree that the use of your access codewill have the same effect as your signature authorizing transactions.If you authorize anyone to use your access code in any manner that authority will be considered unlimited inamount and manner until you specifically revoke such authority by notifying the Credit Union and changingyour access code immediately. You are responsible for any transactions made by such persons until younotify us that transactions and access by that person are no longer authorized and your access code ischanged. If you fail to maintain or change the security of these access codes and the Credit Union suffers aloss, we may terminate your electronic funds transfer and account services immediately.d.Foreign Transactions. Purchases and cash advances made in foreign countries will be billed to you in USdollars. The currency conversion rate for international transactions as established by VISA International, Inc.is a rate selected by VISA from the range of rates available in wholesale currency markets for the applicablecentral processing date, which rate may vary from the rate VISA itself receives, or the governmentmandated rate in effect for the applicable central processing date. VISA USA charges us an 8% InternationalService Assessment on all international transactions, regardless of whether there is a currency conversion.If there is a currency conversion, you will be charged a foreign transaction fee of 1% of the transactionamount for any Card transaction made in a foreign country.e.Illegal Use of Internet Gambling. You agree that all transactions that you initiate by use of your VISA DebitCard are legal in the jurisdiction where you live and/or where the transaction occurred. Internet gamblingmay be illegal in the jurisdiction in which you are located, including the United States. Your VISA Debit Cardmay only be used for legal transactions. Display of a payment card logo by an online merchant does notmean that internet gambling transactions are lawful in all jurisdictions in which you may be located. We haverestricted all online gambling transactions with the VISA Debit Card.f.Non-VISA Checking Transactions Processing. We have enabled non-Visa debit transaction processing. Thismeans you may use your Visa Debit Card on a PIN-Debit Network (a non-Visa network) without using a PIN.The non-Visa debit network(s) for which such transactions are enabled is the Alaska Option Network.Examples of the types of actions that you may be required to make to initiate a Visa transaction on your VisaDebit Card include signing a receipt, providing a card number over the phone or via the Internet, or swipingthe card through a point-of-sale terminal. Examples of the types of actions you may be required to make toinitiate a transaction on a PIN-Debit Network include initiating a payment directly with the biller (possibly viatelephone, Internet, or kiosk locations), responding to a logo displayed at a payment site and choosing todirect payment through that network, and having your identity verified using known information derived froman existing relationship with you instead of through use of a PIN.The provisions of your agreement with us relating only to Visa transactions are not applicable to non-Visatransactions.4.Audio Teller ServiceIf we approve the Audio Teller service for your accounts (Audio Teller), a personal, four digit access code will beissued to you. You must use your access code along with your account number to access your accounts. At thepresent time you may use the Audio Teller service to: Transfer funds between your savings, checking, and loan accounts. Obtain balance information on your accounts. Determine if a particular draft or check has cleared your account. Obtain balance and payment information on loan accounts. Other transactions as offered and permitted in the future. 2014 Farleigh Wada Witt
Your accounts can be accessed under the Audio Teller service. Audio Teller service will be available for yourconvenience seven days per week. This service may be interrupted for a short time each day for dataprocessing. While there is no limit to the number of inquiries, transfers, or withdrawal requests you may make inany one day, there are limitations on transactions you make per telephone calls. For security purposes, there arelimits on the frequency and amount of transfers you may make using the Audio Teller Service.While there is no limit to the number of inquiries, transfers from a savings or Money Market account will belimited to six (6) in any one month. No transfer or withdrawal may exceed the available funds in your account.The Credit Union reserves the right to refuse any transaction that would draw upon insufficient funds, exceed acredit limit, lower an account below a required balance, or otherwise require us to increase our required reserveon the account. All checks are payable to you as a member and will be mailed to your address of record. TheCredit Union may set other limits on the amount of any transaction, and you will be notified of those limits. TheCredit Union may refuse to honor any transaction for which you do not have sufficient available verified funds.The system will discontinue service after three unsuccessful attempts to enter a transaction.5.Online Bankinga.Online Banking Services. If we approve your application for the Online Banking Service, you may use yourweb browser-equipped device to access your accounts on the internet. You must use your access codealong with your member ID to access your accounts. The Online Banking Service is accessible seven daysa week, 24 hours a day. The online address for Online Banking Service is www.tongassfcu.com. You areresponsible for the installation, maintenance and operation of your computer. The Credit Union will not beresponsible for any errors or failures involving any data or communication service or your computer. At thepresent time, you may use the Online Banking Service to: Transfer funds between your savings, checking, and loan accounts. Review account balance, transaction history, and tax information for any of your accounts. Review information on your loan accounts including payoff amounts, due dates, finance charges,interest rates, and balance information. View online statements, online check images or secure messages of yours. Make bill payments through Bill Pay. Download account transaction information into Money Desktop finance software programs. Issue stop payment orders on checks. Update your address, email, and phone number, and establish electronic alerts. Re-order checks. Other transactions as offered and permitted in the future.Transactions involving your deposit accounts, including checking account stop payment requests, will besubject to the terms of your Membership and Account Agreement and transactions involving a Line of Creditaccount will be subject to your Loan Agreement and Disclosures, as applicable.b.Online Banking Service Limitations. The following limitations on Online Banking transactions may apply inusing the services listed above.i.Transfers. You may make funds transfers to other accounts of yours as often as you like. However,transfers from your savings accounts will be limited to a total of six in any one month. You may transferor withdraw up to the available balance in your account or up to the available credit limit on a line ofcredit at the time of the transfer, except as limited under this Agreement or your deposit or loanagreements. The Credit Union reserves the right to refuse any transaction that would draw uponinsufficient or unavailable funds, lower an account below a required balance, or otherwise require us toincrease our required reserve on the account.ii.Account Information. The account balance and transaction history information may be limited to recentaccount information involving your accounts. Also, the availability of funds for transfer or withdrawalmay be limited due to the processing time for ATM transactions and our Funds Availability Policy.iii.E-mail. You may use the secure E-mail to send messages to us. E-mail may not, however, be used toinitiate transactions on your account or stop payment requests. The Credit Union may not immediatelyreceive E-mail communications that you send and the Credit Union will not take action based on E-mailrequests until the Credit Union actually receives your message and has a reasonable opportunity to act. 2014 Farleigh Wada Witt
If you need to contact the Credit Union immediately regarding any unauthorized transaction or stoppayment request, you may call the Credit Union at the telephone number set forth in Section 10.c.Enrollment in Services; Accounts Which Can Be Accessed. In order to enroll in and use the Services, youshould engage the self-service online process at www.tongassfcu.com. By enrolling in the Services, youauthorize us to process transactions for you as requested by you from time to time, and you authorize us topost transactions to your account(s) as directed. You further authorize us to make automatic payments insuch manner as you direct.d.Electronic Instructions. You agree that all electronic instructions that we receive on the online banking site orotherwise in connection with the Services, such as those directing us to take action with respect to youraccount, that match Access Information or other identity information you have provided when enrolling in orusing the Services will be deemed valid, authentic, and binding obligations. Pursuant to law and regulations,these electronic instructions therefore will be given the same legal effect as your written and signed paperinstructions, shall be considered writing or in writing and shall be deemed for all purposes (i) to have beensigned and (ii) to constitute an original when printed from electronic files or records established andmaintained in the normal course of business.You agree that electronic copies of communication are valid and you will not contest the validity orenforceability of such instructions or any related transactions, absent proof of altered data or tampering,under provisions of any applicable law relating to whether certain agreements are to be in writing or signedby the party to be bound thereby, and such copies shall be admissible if introduced as evidence on paper inany judicial, arbitration, mediation or administrative proceeding to the same extent and under the sameconditions as other business records originated and maintained in documentary form.You agree (to the maximum extent permitted by law) to hold us harmless and protect and indemnify us fromand against any and all claims, losses, liability, damages and/or demands (including, without limitation,reasonable attorneys’ fees and court costs) of any kind, direct or indirect, arising out of or in any wayconnected with any Services rendered by us pursuant to or in accordance with any and all electronicinstructions for which we have attempted to verify your identity as set forth above.BECAUSE E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION OVER THE INTERNET, WERECOMMEND YOU DO NOT SEND CONFIDENTIAL INFORMATION BY E-MAIL. PLEASE BE AWAREYOU CANNOT USE E-MAIL TO INITIATE TRANSACTIONS ON YOUR ACCOUNT(S).Instead, we recommend all communication be sent via secure messaging through the “Secure Messages”section of the online banking site. Secure messages you receive through the Service are available online forup to 180 days, unless you delete them before then. For account transactions, please use the appropriatefunctions available through the Services or call us at 1.800.960.8328.e.Alerts. Online banking offers both automated system alerts and opt-in alerts. System alerts are sent to yourregistered e-mail address or telephone number for security purposes to authenticate your identity. Some ofthese alerts are part of the Service and are not optional. In addition to security alerts, you may choose toreceive additional alerts regarding other information delivered by secure messaging, e-mail or telephone.You will be asked to provide contact information when you sign up for the alert. By signing up to receive anyopt-in alerts, you represent and warrant to us that the e-mail addresses or telephone numbers you provideare owned by you or authorized by the rightful owner to be used by you. You consent to delivery of such optin alerts, in the format selected, to the contact telephone numbers by text message, or e-mail addresses youidentify or provide. You are responsible for maintaining, in the Service, any changes to your e-mailaddresses and telephone numbers to which alerts are sent. To stop receiving any optional alerts, log intoonline banking and in the Alerts section select the alert you would like to delete. Your full account numberwill not be included in any alert. However, alerts may contain information about your accounts. Information,including but not limited to, account balances and payment due dates may be included in the alert,depending on the specific type of alert or how you configure it. Anyone with access to your e-mail, mobiledevice, and/or telephone services may be able to access the contents of alerts. It is your responsibility tosecure these devices, protect your Member ID and password, and provide timely information abouttelephone or e-mail contact changes in order to protect the confidentiality of this information. You consent toany disclosures by us which may occur if you do not take appropriate steps to prevent access to yourinformation by unauthorized persons.We endeavor to provide alerts in a timely manner with accurate information. However, we do not guaranteethe delivery or accuracy of the contents of any alerts. Alert balances will not reflect pending transactions. Ifyou require additional details about a transaction you can log into online banking or call us at1.800.960.8328. You agree we shall not be liable for any delays, failure to deliver, or misdirected delivery of 2014 Farleigh Wada Witt
any alert; for any e
5. Online Banking a. Online Banking Services. If we approve your application for the Online Banking Service, you may use your web browser-equipped device to access your accounts on the internet. You must use your access code along with your member ID to access your accounts. The Online Banking
